Measures of Xinjiang Uygur Autonomous Region on Property Management in Urban Residential Areas (full text)

The Measures for the Property Management of Urban Residential Areas in Xinjiang Uygur Autonomous Region have been discussed and passed at the 1 1 executive meeting of the Ninth People's Government of the autonomous region on July 6, 2000, and have been implemented since June 10. The following is the full text of the Measures:

Chapter I General Provisions

Article 1 In order to standardize the property management of urban residential areas in the autonomous region, protect the legitimate rights and interests of owners, users and property management enterprises, and create a clean, safe, civilized and comfortable living environment, these Measures are formulated in accordance with relevant national laws and regulations and combined with the actual situation of the autonomous region.

Article 2 These Measures shall apply to the property management activities of urban residential areas within the administrative area of the autonomous region.

Article 3 The term "urban residential areas" as mentioned in these Measures refers to residential areas and high-rise residential buildings with non-residential buildings such as public service facilities, green spaces and public venues in urban planning areas established according to administrative system.

The term "property management" as mentioned in these Measures refers to the behavior of property management enterprises to maintain, repair and manage the parts, facilities and living environment of houses and provide related services upon the entrustment of the owners or users of houses.

The term "owners" as mentioned in these Measures refers to the owners of houses in residential areas; The user refers to the lessee of the house or other people who actually use the house.

Article 4 Property management shall be implemented in newly developed residential projects in cities. Houses managed by units should gradually implement socialized and professional property management.

Fifth autonomous region construction administrative departments in charge of the region's urban residential property management, organize the implementation of these measures.

The administrative departments of urban real estate at or above the county level shall supervise and manage the property management of urban residential areas within their respective administrative areas in accordance with these Measures.

Chapter II Owners' Congress and Owners' Committee

Article 6 The owners shall exercise their rights through the owners' meeting. The owners' congress is composed of all the owners of residential areas, and a large number of them can also be composed of representatives elected by them.

Seventh residential occupancy rate reached more than 50% or the house has been delivered for 2 years, residential development and construction units or real estate management units shall organize the first owners' meeting. If the first owners' meeting is postponed due to special circumstances, it must be approved by more than half of the owners.

Article 8 The owners' congress is divided into regular meetings and temporary meetings. Regular meetings shall be held at the time stipulated in the owners' convention. An interim meeting shall be proposed by more than one quarter of the owners or more than one third of the members of the owners' committee.

The owners' meeting can only be held when more than half of the owners are present. The organizer of the meeting shall notify all the people who should attend the meeting in writing 5 days before the meeting is held.

Article 9 Decisions made by the owners' congress shall be voted by voting rights. The voting right is calculated according to the construction area owned by the owner.

Article 10 The owners' congress shall exercise the following rights:

(a) to formulate and amend the owners' convention;

(two) to elect the owners' committee and adjust the members of the owners' committee;

(three) to examine and approve the articles of association of the owners' committee;

(four) to review the work report of the owners' committee, supervise the work of the owners' committee, and change or cancel the inappropriate decisions of the owners' committee;

(5) Deciding to hire or dismiss the property management enterprise;

(six) to consider and decide on other major issues involving the public interests of residential areas.

Article 11 The owners shall elect the owners' committee through the owners' general meeting, and the owners' committee shall be composed of the chairman, vice-chairmen and members, with a term of three years, and may be re-elected.

The owners' committee may employ personnel from the police station and residents' committee as members of the owners' committee.

Article 12 The owners' committee shall, within/0/5 days from the date of election, register with the real estate administrative department of the city at or above the county level where the residential area is located with the application for registration of the owners' committee, the articles of association of the owners' committee, the list of owners' committees and other relevant materials. The owners' committee shall be established as of the date of registration.

Thirteenth owners' committee shall perform the following duties:

(a) to convene the owners' meeting and report to the owners' meeting;

(two) according to the decision of the owners' meeting, sign, change or terminate the property management service contract with the property management enterprise;

(3) Deliberating and deciding on the maintenance fund for * * * residential parts and * * * facilities and equipment (hereinafter referred to as? Maintenance fund? ) use;

(four) to consider the implementation standards of residential property management service fees;

(five) to listen to the opinions and suggestions of the owners and users, and to supervise and cooperate with the management service activities of the property management enterprises;

(six) other duties entrusted by the owners' congress.

Fourteenth owners' committees shall not engage in any business activities except signing property management service contracts with property management enterprises.

Fifteenth owners' convention is a code of conduct on the rights and obligations of the owners about the use, maintenance and management of residential property.

The owners' convention was formulated by the first owners' meeting. Effective owners' convention is binding on all owners and users of this residential area.

Sixteenth city real estate administrative departments should provide a unified and standardized model text of the owners' convention. The owners' congress may make amendments and supplements according to the actual situation of this residential area, but it must comply with the provisions of laws, regulations and rules. The owners' convention shall be reported to the local real estate administrative department at or above the county level for the record.

Chapter III Property Management and Services

Seventeenth property management companies should apply to the real estate administrative department for approval in accordance with the relevant provisions of the state before they can carry out property management business.

Eighteenth residential property management scope by the municipal real estate administrative department in conjunction with relevant departments, according to the construction planning, service system and community jurisdiction.

Nineteenth newly developed residential projects in the city should ensure the needs of public services and property management. In the process of project construction, the development and construction unit shall invite property management enterprises to participate in the project acceptance. After the completion of the project, if the owners' committee has not been established, the development and construction unit shall entrust the property management enterprise to conduct property management in a timely manner.

Article 20 It is advocated to select and employ property management enterprises through bidding. The bidding for property management shall be handled by the owners' committee or the bidding agency selected by it according to law, and shall be filed with the municipal real estate administrative department.

The original property management enterprises have the priority to win the bid under the same conditions, and the urban real estate administrative departments, other relevant departments and development and construction units shall not restrict or designate the owners' committee to select property management enterprises.

Twenty-first development and construction units or property units to the owners' committee to hand over the residential area, it should be handed over to the property management. Property management houses account for 2% of the total construction area of residential areas. Of course, the minimum is not less than 30 square meters, and the maximum is not more than 300 square meters. Property management houses belong to all owners of residential areas and are managed by property management enterprises in accordance with the property management contract.

Use the same.

Twenty-second development and construction units or property units to the owners' committee to hand over the residential area, it should also hand over the following information:

(a) the general plan for the planning and completion of residential areas;

(2) as-built drawings of single buildings, structures and equipment;

(3) Completion drawing of underground pipe network;

(four) the operating instructions and circuit diagrams of various equipment;

(five) environmental protection, greening and other related projects completion acceptance data;

(6) Other necessary information.

The owners' committee shall hand over the information specified in the preceding paragraph to the property management enterprise for safekeeping. After the termination or rescission of the property management service contract, the property management enterprise shall return the above information to the owners' committee within 5 days.

Twenty-third owners' committee and the property management enterprise shall sign a written property management service contract, the main contents of which include:

(a) the basic situation of the residential area;

(2) Rights and obligations of both parties;

(three) property management services and service quality requirements;

(four) the standard and collection method of property management service fees;

(five) the management and use of maintenance funds;

(6) Term, termination and rescission of the contract;

(seven) the liability for breach of contract and the way to resolve disputes;

(8) Other matters agreed by both parties.

Article 24 A property management service contract shall contain the following main contents:

(a) the use, management, maintenance and renewal of residential parts;

(two) the use, management, maintenance and renewal of facilities and equipment used in residential areas;

(three) residential greening, environmental sanitation management and services;

(four) residential housing decoration management;

(five) the management of commercial buildings and parking lots in residential areas;

(six) the responsibility of maintaining public order and security in residential areas;

(seven) the custody and transfer of property files.

The property management service contract shall be reported to the municipal real estate administrative department for the record within 15 days after signing.

Twenty-fifth property management companies should fulfill the obligations stipulated in the property management service contract. With the consent of the owners' committee, a property management enterprise may entrust some special services to a franchise company, but may not transfer the overall responsibility of residential property management to other units or individuals.

Twenty-sixth property management companies in violation of these measures or the owners' convention, should immediately discourage and stop, and report to the owners' committee and the relevant administrative organs.

Twenty-seventh property management companies prohibit the implementation of the following acts:

(a) without the consent of the owners' committee, changing the use of the * * * residential part and the * * * facilities and equipment maintenance fund without authorization;

(two) to improve the service standard of property management without authorization;

(three) unauthorized use of maintenance funds, arbitrary disposal of the rights and interests and property entrusted by the owners;

(four) other acts that damage the rights and interests of the owners.